News from 2015

Primer for Local Agency Record Retention Policies

The Municipal Records Act, 53 P.S. §§ 1381 – 1389, governs the retention and disposition of records by most local agencies (third class cities, boroughs, incorporated towns, first and second class townships, any such municipality that has adopted a home rule charter, and municipal authorities created by such municipalities).   53 Pa.CS.A. § 1381.   Local agencies are required to adopt the retention and disposition schedule promulgated by the Pennsylvania Historical Commission and approved by the Local Government Records Committee… Read On

Noncriminal Investigation Exception Blocks access to DEP Radioactive Material Study of Gas and Oil drilling Materials

The Commonwealth Court has again emphasized the breadth of the noncriminal investigation exception of the Right-to-Know Law (RTKL), 65 P.S. §67.708(b)(17). The Court held that the exception applied to a request for data collected by DEP. Dep’t of Envtl. Prot. v. Delaware Riverkeeper Network, 1373 C.D. 2014, 2015 WL 1587897, at *8 (Pa.Cmwlth. Apr. 10, 2015)… Read On

Public Employee Home Address Disclosure to be decided on Individual Basis

The Commonwealth Court has remanded proceedings back to the Office of Open Records (OOR) to decide on an individual basis whether the home addresses of members of the State Employees’ Retirement System (SERS) are exempt from public disclosure. State Employees Retirement System v. Pennsylvanians for Union Reform, 207 C.D. 2014 (Pa.Cmwlth. Mar. 20… Read On

Noncriminal Investigation Exception Blocks access to DEP Radioactive Material Study of Gas and Oil drilling Materials.

The Commonwealth Court has again emphasized the breadth of the noncriminal investigation exception of the Right-to-Know Law (RTKL), 65 P.S. §67.708(b)(17). The Court held that the exception applied to a request for data collected by DEP. Dep’t of Envtl. Prot. v. Delaware Riverkeeper Network, 1373 C.D. 2014, 2015 WL 1587897, at *8 (Pa.Cmwlth. Apr. 10, 2015)… Read On